GS Analyst: Daily Current Affairs

Context:

The historical, modern, and contemporary aspects of separation of powers in constitutional governance give a rule of law for people.

Historical Evolution of Separation of Powers

• Antiquity Roots: Ancient thinkers like Aristotle and Polybius laid the groundwork for separation of powers in governance.
• Montesquieu's Influence: French philosopher Montesquieu's 18th-century work, "The Spirit of the Laws," articulated the importance of separation.
• Locke's Caution: Philosopher John Locke emphasized the risks of concentrating legislative and executive powers within the same authority.

Modern Interpretations and Application

• Constitutional Recognition: The US Constitution and India's Constitution acknowledge separation of powers, though not in absolute rigidity.
• Constitutional Bench's View: India’s Supreme Court recognizes the doctrine but emphasizes the differentiated functions of each governmental branch.
• Expanded Principles: Legal scholar Jeremy Waldron proposed five principles, including division of power, checks and balances, bicameralism, and federalism.

Contemporary Status and Terminological Shift

• Survival in 2023-24: The principle endures under the umbrella term "division of powers," emphasizing its continued relevance.
• Enforceability Challenge: None of the principles are enforceable in written constitutions, each dividing power uniquely.
• Holistic Constitutionalism: The editorial underscores the necessity of multiple principles working together for effective constitutional governance.

Context:

Rising Indian migration attempts to the U.S., notably through Mexico, raise concerns about distress, trafficking, and government attention.

Alarming Increase in Migration Attempts

• Data Revelation:S. Customs and Border Protection data reveals a fivefold surge, with nearly 1,00,000 Indians attempting entry in a year.
• Route of Choice: Over half attempted via the heavily guarded Mexican border, while others sought entry through the sparsely manned Canadian border.
• Post-COVID Resurgence: Migration attempts increased post-COVID and Biden's administration, indicating persistent challenges and desperation.

Distress and Trafficking Concerns

• Forced Returns from France: Recent forced return of 303 Indians from a French airport raises suspicions of trafficking or distress migration.
• Common Indicators: Majority men from Punjab, Haryana, and Gujarat, with unaccompanied minors, echo patterns seen in previous cases.
• Underlying Issues: Distress in farming, alleged religious persecution cited as immediate reasons, pointing to a need for government attention.

Addressing Root Causes and Government Action

• Exploitative Racket: Widespread trafficking racket, especially in rural Punjab and Haryana, exploits vulnerable individuals with promises of a better future.
• Crisis in Farming: Plummeting incomes, overexploited farmlands contribute to the desperation, requiring a comprehensive government crackdown on exploitative middlemen.
• Government Role: Urgent needs for the Indian government to address the crisis, tackle trafficking, and implement measures to protect vulnerable populations.

Context:

India's gender disparity in politics persists, with male-dominated decision-making impacting women politicians, hindering equality despite legal measures.

Gender Disparity in Indian Politics

• Amnesty Report Ranking: India ranks 148th globally in women's parliamentary representation, highlighting the stark gender disparity in politics.
• Online Harassment: Female politicians, especially from multilingual areas and marginalized castes, face severe online trolling, as per Time magazine's gender equality index.
• Male-Dominated Decision-Making: The male standpoint shapes laws, reinforcing stereotypes for female politicians, limiting their roles and speeches in Parliament.

Legal Measures and Their Limitations

• Nari Shakti Vandan Adhiniyam: The law reserves 33% seats in Parliament, aiming to enhance women's representation, but its implementation may take time.
• Role of Women MPs: Despite having the largest number of women MPs, the female members of Parliament often maintain silence on rising crimes against women.
• Media Representation: Women politicians often play roles choreographed by men in media coverage, limiting their genuine participation and reinforcing stereotypes.

Challenges and the Path Forward

• Reservation Possibilities: 33% reservation in Parliament could enhance women, minority, and SC/ST representation, but challenges in male-dominated politics persist.
• Reclaiming Women's Experience: To maximize benefits, understanding and addressing the real experiences faced by women parliamentarians are crucial.
• Facing Opposition: Women politicians like Smriti Irani and Mahua Moitra highlight challenges, advocating for standing up against bullies and addressing character attacks.